Can Spousal Support Be Terminated or Modified?

After independent spouses have been making spousal support payments for some time, they often wonder if they can get their "permanent" payments modified.  The truth is, in some cases, people can get their payments modified or even terminated.  The only exception to this is when there is a written or in-court oral agreement where parties have stated that spousal support cannot be modified at any time.

In California, the court retains continuing spousal support jurisdiction and has the ability to modify or terminate alimony at a later time.  If independent spouses can prove to the court that there has been a material change of circumstance, the court may agree to change their payments. 

Generally, the court will consider the following when presented with a modification request:

§  reducing the amount of the support if the dependent spouse can be self-supporting

§  modification based upon the ability to pay spousal support

§  reducing spousal support due to obligations

§  modifying support due to remarriage, cohabitation or retirement

If you would like to learn more about spousal support modification or termination, contact our legal team to speak with a Riverside family law attorney today.